Making a Lasting Power of Attorney

What is the court of protection?

The Court of Protection is a specialist Court with power to make decisions about the assets and personal welfare of those who are unable to make decisions themselves. Created under the Mental Capacity Act 2005, the Court of Protection is responsible for determining disputes regarding Lasting Power of Attorney and deciding disputes concerning the assets or welfare of an individual not able to makes their own decisions.

A Lasting Power of Attorney can assign responsibility for day-to-day decisions to a loved one or professional in the event that you lose capacity. This cannot be created once someone has lost mental capacity, so it is important to plan ahead. Read more about powers of attorney here.

If you need to make a decision for someone who has lost mental capacity and does not have a Lasting Power of Attorney in place then a Deputyship Application may be the answer. Speak to our friendly team to find out more about Deputyship Applications.

For bigger decisions, or steps which require greater authorisation, it may be necessary to obtain consent from the Court of Protection. Our experienced solicitors can make an application to the Court of Protection on your behalf. We understand that these issues are sensitive, and often life changing, and have experience in the legal process regarding how and when to apply.

Without Lasting Power of Attorney, all small choices made on behalf of someone would have to go through the Court of Protection – something which logistically would be very difficult.

There are a number of issues that Court of Protection Guidance looks at, including:

  • Whether a person has a capacity to make a certain decision
  • The appointment of deputies
  • The validity of a Lasting Power of Attorney
  • Whether a decision is being made is in that person’s best interests
  • Whether a person is being deprived of their liberty

For more information about Lasting Power of Attorney or the Court of Protection, get in touch with our expert team. We are highly experienced in dealing with sensitive matters and will be able to advise you on the most appropriate next steps.

David Edwards

David has been a Director in the firm since 1986. In addition to his role as Managing Director, David is also Head of the Private Client team.

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An outstanding, efficient, personable and friendly service provided in documenting wills and Power of Attorney documents. The expertise of the solicitor was exceptional as was her patience in guiding us through the process and advising us on all aspects of the legal documents.

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